"At this point there's a significant legal cloud over medical marijuana," he said.

Robinson had said earlier this year he was keeping his eye on two cases making their way through Michigan courts, which could have impacted whether Kalamazoo's proposal would go to voters. Those two cases are pending, he said.

The proposal was filed last year, but due to an error in the Kalamazoo City Clerk's Office not all of the signatures were counted. Some of the signatures were illegible and didn't seem to match names in the city's registered voter list, City Clerk Scott Borling said at the time. On further review, however, officials determined enough valid signatures had been filed, but not in time to get it on the 2011 ballot.

The proposal needed at least 2,567 valid signatures to make the ballot.

Voters will see this proposal on the November ballot: "Shall the Kalamazoo City Charter be amended such that three (3) medical cannabis dispensaries are permitted within the city limits?"

Robinson has expressed his concern over the proposal. In a letter, the city attorney outlined six points of concern about the proposal, most having to do with its language, and said he considered the proposed charter amendment called for in the petition to be unlawful and unconstitutional.

"Simply put, the proposed charter language violates existing federal law which outlaws marijuana/cannabis as a Schedule I controlled substance and violates the provisions of the Michigan Medical Marijuana Act and Michigan Public Health Code regarding the sale, possession, transfer, use, or cultivation of marijuana," he wrote.

Gov. Rick Snyder and Michigan Attorney General Chief Legal Counsel Richard Bandstra replied to Robinson in letters earlier this year, agreeing with his positions. Even so, they can't legally decline to place the measure on this November's ballot. Robinson said even though the proposal may be unlawful, the local proposal has to go to local voters.

"The legal requirements of getting on the ballot were satisfied," Robinson said.

Emily Monacelli is a government and taxes reporter for the Kalamazoo Gazette. Contact her at emonacel@mlive.com. Follow her on Twitter.